The court granted debtors’ motion for summary judgment on the creditors’ § 523(a)(2)(A) complaint. Although the debtors’ business closed after accepting the creditors’ down payment for a pool, there was no evidence of fraud or misrepresentation.

After trial, the court found that counsel’s erroneous affidavits and inaccurate statements in attempts to collect a discharged debt were “serious mistakes” and violated the discharge injunction, but were not in the nature of contempt of court.

After additional evidence from the debtors, the court granted a motion to avoid a junior lien on their home. Eighth Circuit case law, interpreting Nobelman, permits wholly unsecured liens to be stripped off upon completion of Chapter 13 plan payments.

The court deferred ruling on the final fee application of counsel for the debtor, and objection by the personal injury creditors, pending the submission of additional information to reconcile and clarify some of the charges on the billing statements.

An unsecured junior lien on the debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.

An unsecured junior lien on the debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.

The court denied debtors’ motion for contempt against their mortgage lender after finding that the debtors had reaffirmed the debt, so the lender’s post-discharge communications and requests for payment did not violate the discharge injunction.

The court denied a creditor’s late-filed motion for extension of time to file a dischargeability complaint, ruling that strict compliance with the deadline was necessary and the creditor had not shown that the deadline should be equitably tolled.

After trial on the bank’s § 523(a)(2)(B) complaint, the court entered a money judgment in the bank’s favor for the deficiency balance due after the sale of collateral. The court found that the debtor had significantly overstated the collateral’s value.

An unsecured junior lien on the debtor’s residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The case law in the Eighth Circuit, interpreting Nobelman, permits wholly unsecured liens to be stripped off.